Ending Improper Payments to Deceased People Act

Bill Summary: Ending Improper Payments to Deceased People Act

Overview

The Ending Improper Payments to Deceased People Act (Public Law 119–77) is a legislative measure designed to reduce government waste by improving the coordination between the Social Security Administration (SSA), state agencies, and the federal "Do Not Pay" working system. The primary intent of the bill is to prevent the disbursement of federal benefits to individuals who are deceased and to recover funds that were paid improperly.

Key Provisions

1. Integration with the "Do Not Pay" System

The Act amends the Social Security Act to require the Commissioner of Social Security to provide death-related information to the agency operating the Do Not Pay working system. This coordination is intended to:
* Prevent improper payments of benefits.
* Support the recovery of benefits that were paid after a recipient's death.
* Establish a cooperative arrangement between the SSA and the Do Not Pay system operator.

2. Cost-Sharing and Methodology

To ensure the sustainable flow of data, the Act mandates that the Commissioner of Social Security and the operator of the Do Not Pay system enter into a formal agreement. This agreement must establish a methodology for sharing the costs associated with obtaining death data from the states.

3. Safeguards Against Errors

To protect living individuals from having their benefits accidentally terminated, the Act introduces strict evidentiary standards:
* Clear and Convincing Evidence: The Commissioner of Social Security may not record an individual as deceased unless there is "clear and convincing evidence" to support that presumption.
* Error Notification: If an individual is incorrectly identified as deceased, the SSA is now required to notify any agency with a cooperative arrangement regarding the error to ensure the mistake is corrected across systems.

Who is Affected?

• Federal Agencies: The Social Security Administration and the agency managing the Do Not Pay system will see changes in their data-sharing protocols and financial arrangements.
• State Agencies: States providing death data will be part of the broader cooperative framework for data sharing.
• Federal Benefit Recipients: While the bill aims to stop payments to the deceased, the "clear and convincing evidence" clause serves as a protection for living beneficiaries against administrative errors.

Procedural Timeline

• Signed into Law: February 10, 2026.
• Effective Date: The amendments provided by this Act will officially take effect on December 27, 2026.